9911796707
TMI Blog2019 (11) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... HELD THAT:- On transfer of business by the appellant to M/s Sodexo Facilities Management Services India Pvt. Ltd., the input service credit lying in the balance as on 30.6.2011 have been transferred following the mandatory provisions prescribed under Rule 10(2) of the CENVAT Credit Rules, 2004. Whatever credit lying in balance, according to the learned C.A., was relating to input service credit. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tated the facts of the case are that the appellants are engaged in providing taxable service under the category of outdoor catering services, manpower recruitment or supply service, cleaning service etc. during the relevant period i.e. from April, 2011 to September, 2011. The appellant had reversed an amount of ₹ 40,60,683/- and reflected in their ST-3 returns filed in the month of June, 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the company to one M/s Sodexo Facilities Management Services India Pvt. Ltd. and since the management of food was sold/transferred by the appellant, consequently as a consequence to such transfer, they have transferred all assets and liabilities including CENVAT Credit balance of ₹ 40,60,683/- as on 30.6.2011 to M/s Sodexo after reversing the said credit in the their Books of Accounts. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2004 applicable to inputs and capital goods, has not been followed. In support of his contention that only input service credit lying in the balance, which had been transferred as on 30.6.2011. He has referred to the list of the invoices enclosed with the appeal paper book (at pages 159 to 948). 5. Per contra, the learned AR for the Revenue reiterates the findings of the learned Commissioner ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service credit. In support, they have referred to the invoices enclosed with appeal paper book. No contrary evidence is placed by the Department. In these circumstances, insisting to follow the procedure of transfer of credit laid down under Rule 10(3) and applicable to input and capital goods, in my opinion, is unwarranted and incorrect when input service credit is transferred. 7. Consequently, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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